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Change order changes/deletion

CaliforniaChange OrdersPay Applications
Anonymous Contractor

Can an owner ok a change order, have the GC issue the CO to a sub then later change what he wants done to the work in the CO and because he doesn't like the amount ask the site contractor to complete the work issued to the sub and ask for a credit from the sub?

3 replies

Trial Partner at Lanak & Hanna
| 12 reviews
Feb 17, 2022
While the owner may change its mind, it appears the sub is entitled to payment for the work done on the CO.
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Construction Attorney at Brion Berkley, Attorney at Law
| 63 reviews
Feb 20, 2022
The homeowner is completely entitled to change his/her mind, hence there are change orders. The homeowner is also responsible for paying for work performed on signed written change orders.
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Feb 21, 2022

You need to read the contract documents carefully. There should be a section regarding the owner's right to add and delete work via change order. Based upon those terms, the owner may be able to add scope then descope based upon price if they reserved that right. If they did not, and an actual change order was properly signed, then it is unlikely that the owner can de-scope the change order without being exposed to a claim for lost profits on the unperformed change order value.

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